Ask Experts Questions for FREE Help !
Ask
    soulja0678's Avatar
    soulja0678 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 3, 2008, 08:23 PM
    Can't Afford Child Support
    I recently went back to court to reevaluate the child support that I pay for my daughter. I haven't signed any paperwork yet because I know I need to meet with a lawyer before I do. The thing is that I can't afford what they set my monthly payments at. I have a wife and two kids that I also have to take care of. With the amount of money that they set my new child support at, it leaves me with $150 after I pay my what I call the bills needed to survive. By that I mean rent, car, insurance, electricity, and phone bills. With $150 dollars left over how I am suppose to afford diapers, formula, and clothes for my other kids. My wife has a job, but only gets enough to barely cover child care down here. What do I do?:(
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
    Ultra Member
     
    #2

    Jan 3, 2008, 08:41 PM
    Did you fill out an expense sheet... you don't need a lawyer for that.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #3

    Jan 5, 2008, 11:26 PM
    Where do you live?
    soulja0678's Avatar
    soulja0678 Posts: 2, Reputation: 1
    New Member
     
    #4

    Jan 6, 2008, 05:06 PM
    I live in Oklahoma
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #5

    Jan 6, 2008, 05:39 PM
    Is the court aware that you're married and have 2 other children? The 2 other children should be taken into consideration when setting the amount of child support. If your state's guidelines were properly applied when the amount was set then you have little recourse. Simply saying "I can't afford it" won't cut it. If they weren't then you can petition the court for a modification based on the fact that you have other dependents.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Jan 6, 2008, 06:09 PM
    I guess you need to work out a better budget, work a second job, have your wife work part time.

    Child support is based on a formula, now in our states, your current family, number of kids are not counted, it is merely a percentage of your pay, and your ability to pay for anything after that is not the courts problem.

    So basically you have to afford it, no way out of it, if the court has the amount set by its current standards
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
    Uber Member
     
    #7

    Jan 6, 2008, 06:50 PM
    Sad to say this happens many times - new families take as much as the former families. But no excuse. My youngest brother held down one full time jobo plus one part time plus freelanced, in order to make all the ends meet. They ate tuna fish a lot and peanut butter and jelly sandwiches and it was tough. But he and his second wife (and family) lived through it all with sacrifice and frugalness.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #8

    Jan 7, 2008, 06:59 AM
    Quote Originally Posted by soulja0678
    I recently went back to court to reevaluate the child support that I pay for my daughter. I haven't signed any paperwork yet because I know I need to meet with a lawyer before I do. The thing is that I can't afford what they set my monthly payments at. I have a wife and two kids that I also have to take care of. With the amount of money that they set my new child support at, it leaves me with $150 after I pay my what I call the bills needed to survive. By that I mean rent, car, insurance, electricity, and phone bills. With $150 dollars left over how I am suppose to afford diapers, formula, and clothes for my other kids. My wife has a job, but only gets enough to barely cover child care down here. What do I do?:(
    It's by statutory guidelines in Oklahoma not by ability to pay - did you fill out the appropriate forms when the hearing was held? If so, there is probably no room to negotiate.

    The number of other children you have is not taken into account - in fact, I have seen Judges tells parents that all the children need to eat, not just the children of the second marriage.

    I have very mixed emotions on this whole subject - the statutes were enacted in order to curb abuse of the system and uneven child support orders; the same statutes have caused enormous hardships in many cases. My nephew was in a similar situation, couldn't afford to pay what was ordered - the Court suspended his driver's license (in what I can only describe as retaliation) which left him unable to work and unable to pay any support whatsoever. (This was based on 3 months of 75% payments, not a long period of no payments.)
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #9

    Jan 7, 2008, 07:23 AM
    The schools need to start teaching this stuff - child support - instead of 'how to' courses, beginning in the 6th grade and every grade thereafter.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #10

    Jan 7, 2008, 08:33 AM
    Quote Originally Posted by George_1950
    The schools need to start teaching this stuff - child support - instead of 'how to' courses, beginning in the 6th grade and every grade thereafter.

    And maybe they should also teach birth control - and legal responsibility for children you bring into this World.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #11

    Jan 7, 2008, 08:41 AM
    The schools have been teaching birth control for 30 years.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #12

    Jan 7, 2008, 10:36 AM
    Quote Originally Posted by George_1950
    The schools have been teaching birth control for 30 years.

    They sure aren't where I live, except in very vague terms - maybe it's up to the parents, anyway -


    Of course, I don't know how to force kids to listen.
    afitz's Avatar
    afitz Posts: 14, Reputation: 1
    New Member
     
    #13

    Jan 7, 2008, 06:47 PM
    You are looking at a double edged sword. My husband did that before we got custody and when he started a second part time job they raised his support again. Saying he made more so he could pay more. I don't think it is fair, it should be the cost of all the children then divided between some judges will take this in to account. Our judge did after we went to court when they raised the order. Good luck
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #14

    Jan 7, 2008, 08:26 PM
    Quote Originally Posted by afitz
    You are looking at a double edged sword. My husband did that before we got custody and when he started a second part time job they raised his support again. Saying he made more so he could pay more. I dont think it is fair, it should be the cost of all the children then divided between some judges will take this in to account. Our judge did after we went to court when they raised the order. Good luck

    You must be in a State where child support is NOT by statute - if you don't mind answering, what State are you in?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #15

    Jan 7, 2008, 09:17 PM
    Actually this is fairly common, not that they do it automacticly but most child support is based off a percentage of what the one party makes,

    Some states looks at the earnings of the party with custody and then the earnings of the non custodial parent, Others just base it off a pure percentage.
    afitz's Avatar
    afitz Posts: 14, Reputation: 1
    New Member
     
    #16

    Jan 7, 2008, 11:24 PM
    I am now in the state of ill... were it is set that a percentage of his pay no matter if he works 4 jobs entire income is effected. Although I have seen in many states were both has happened. This state as many goes by percentage of net income. I have seen many different standards depends on the judge and what he/she will allow. This state is different I can say that. I am from Florida where things are a lot different. I don't think any child should be left behind because of being first family or second.
    afitz's Avatar
    afitz Posts: 14, Reputation: 1
    New Member
     
    #17

    Jan 7, 2008, 11:33 PM
    Here is a good one. Mother is non custodial parent and court won't make her pay child support because she doesn't work. Lets her new boyfriend pay all bills, how is that fair to anyone. I did my research paper for school and found that more mothers are deadbeats than fathers I was shocked.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #18

    Jan 8, 2008, 06:02 AM
    afitz: will you share some citations? Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #19

    Jan 8, 2008, 06:40 AM
    Quote Originally Posted by afitz
    Here is a good one. Mother is non custodial parent and court wont make her pay child support because she doesnt work. Lets her new bf pay all bills, how is that fair to anyone. I did my research paper for school and found that more mothers are deadbeats than fathers I was shocked.

    Would you post your sources for this statistic?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #20

    Jan 8, 2008, 07:00 AM
    Quote Originally Posted by afitz
    I did my research paper for school and found that more mothers are deadbeats than fathers I was shocked.
    I too would like to see the source of this, but I would not be surprised if it could be proven. I suspect the issue is on a comparative basis. I would suspect that woman required to pay child support are a small portion of the parents paying support. So that its possible that a smaller number of women being deadbeats would mean a larger percentage of women deadbeats than men. But I strongly doubt, that on a straight numbers stat, there are more women deadbeats than men.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Child Support - 2 child living at separate parents - 1 child turning 18 soon. [ 6 Answers ]

I will try not to make this too long but I went through a 3 year court battle with my ex with our 2 kids who are now 17 (Daughter) and 15 (Son). My son has been living with his dad since he was like 9 because I let him. Court battle was dropped due to judge thinking my ex was lying after 3 years...

Bio father rights/abandonment of child/child support? [ 6 Answers ]

I am 6 weeks pregnant and the father is my ex boyfriend. I reached out to him 3 different times to see how he felt about this and what his interest would be in terms of involvement with his child. He has been quite verbally hostile and told me to die and other choice things. What time frame...

Father can't afford outrageous Child support [ 1 Answers ]

Need to know where my step son can go to obtain free or discounted help. He is so far behing on child support payments that he can not even live. The courts decided that someone that makes $16 an hour should pay $700 dollars a month support which is close to what my ex pays for 2 children and he...

I cannot afford an atty, how do I get an increase in child support [ 5 Answers ]

I only receive $30.00 per week for my daughter. My new husband and I provide housing, food, clothing, chilcare and all expenses. She receive health insurance through the sate of NJ. Her father only pays $30.00 per week, and provides no other support or help with expenses. He and his new wife...


View more questions Search